Judiciary-legislature tussle dominates presiding officers conclave in Jaipur

Chief guest Vice President Jagdeep Dhankar who inaugurated the conference raised the issue of unnecessary interference of the court in the functioning of the government.
Vice-President Jagdeep Dhankar. (Photo | PTI)
Vice-President Jagdeep Dhankar. (Photo | PTI)

JAIPUR: The growing tussle between the legislature and the judiciary was echoed strongly at the 83rd All India Presiding Officers Conference which began at the Rajasthan Assembly in Jaipur on Monday. Vice President Jagdeep Dhankar and Lok Sabha Speaker Om Birla both used sharp tones in expressing their displeasure over what they considered excessive court intervention in legislative matters and powers. 

Chief guest Vice President Jagdeep Dhankar who inaugurated the conference raised the issue of unnecessary interference of the court in the functioning of the government. The Vice President expressed great displeasure over the cancellation of laws made by the Parliament by the Supreme Court. Dhankar questioned whether it was correct for a law made by the Parliament, to become law only if it be approved by the court?

Dhankar said that in 1973 a very wrong tradition had started in the Kesavananda Bharti case when the Supreme Court gave the idea of a basic structure of the Constitution and claimed that the Parliament can amend the constitution but not its basic structure. “I want to say with respect to the court that I do not agree with this, the House can make changes. This house should tell whether it can be done? Can Parliament allow a review of its decision by some other institution?”, asked Dhankar.

Dhankhar further added, “When I took charge as the chairman of Rajya Sabha, I had said that neither the executive can see the law, nor the court can interfere. If any institution invalidates the law made by the Parliament on any ground, then it will not be good for democracy. It would be difficult to say that we are a democratic country.”

Dhankhar said that the “Judicial Accountability Act was passed unanimously in 2015. It was struck down by the Supreme Court on 16 October 2015. This has not happened anywhere in the world. How can the sovereignty of Parliament be compromised in the face of the decision of the Supreme Court?

Lok Sabha Speaker Om Birla further added to this theme and said the judiciary is expected to follow the principle of separation of powers as defined in the Constitution. He asserted, “Legislatures in our country have always respected the powers of the judiciary. The Judiciary should also follow decorum. The Judiciary is expected to use what is constitutionally given to it, but also maintain a balance of its powers. The Speakers of all our Houses want this.”

In his welcome address, Rajasthan Assembly Speaker Dr. CP Joshi stressed on the need to give financial autonomy to the Legislatures. He claimed that to empower legislatures, there is  a need to give them financial autonomy and urged CM Ashok Gehlot to make the Rajasthan assembly the first financially autonomous Vidhan Sabha in the country.

Dr. Joshi also said that a law should be made for the House to run for more days. He also expressed concern over the limited role of the Speaker. He said that it is an unfortunate situation that the speaker of the assembly does not even have the right to convene the house and his job is limited only to run the House.

While Vice President Dhankar inaugurated the two-day conference, Lok Sabha Speaker Birla presided over the function. Rajya Sabha Deputy Chairman Harivansh, CM Ashok Gehlot and Leader of Opposition Gulab Chand Kataria were also present as special guests. The All India Presiding Officers' Conference (AIPOC) is being held in the Rajasthan Assembly and Speakers of Vidhan Sabhas and Vidhan Parishads from all over the country are participating in this high-profile event.

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